R v Mota [2023] SBHC 71; HCSI-CRC 692 of 2019 (7 August 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Mota
Citation:
Date of decision:	7 August 2023
Parties:	Rex v Philip Mota
Date of hearing:
Court file number(s):	692 of 2019
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	1. The Defendant is sentence to 5 years imprisonment. 2. The time spent in custody to be deducted from this sentence 3. Accused to serve the remainder of the sentence. 4. No further order
Representation:	Zoze JW & Luza for the Crown Ifuto’o B for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Penal Code (Amendment) (Sexual Offence) Act 2016 S 139 (1) (a)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 692 of 2019

REX

V

PHILIP MOTA

Date of Sentence: 7 August 2023

Zoze JW & Luza F for the Crown
Ifuto’o B for the Defence

Sentence

Maina PJ:

Defendant Philip Mota was convicted for sexual intercourse with a child under 15 years contrary to section 139 (1) (a) of the Penal Code (Sexual Offences) Act 2016 after the trail of the case.

Facts

The complaint was 13 years and 5 months at the time of the incident and the defendant is now 32 years. When he committed the offence he was about 27 years old.

The defendant went in the house through the window. He went to the complainant and sat on her hip. The complainant felt the defendant and she turned away from him but the defendant tried to push his into her body to touch the breast.

The complainant struggled with defendant but shut her mouth with his hand and he bite her at the right side of her neck. The defendant then pushed his hand into her trousers and pushed his fingers in and out of the vagina.

Starting Point

For the sentence of the offence under section 139 (1) (a) of the Penal Code (Sexual Offences) Act 2016 the starting point is 5 -7 years notably the later for convicted on the tail cases.

Mitigating and aggravating factors

For the mitigating factors, the accused is a first offender, no serious injury and the delay of the case for 4 years.

With the aggravating feature, it is the age disparity of about 14 years.

It is a concern to all persons in our beloved country Solomon Islands on the raising of sexual offences and in particular to the young girls or under age by the male person. With the cases coming to the court, the judges also expressed this concern and imposed deterrent sentences that I am oblige to follow on the sentence for you.

On that basis, it is not only on the fact of sexual intercourse with a child under 15 years but the underlying aggravating feature in this case and relate to the use of force by shutting the mouth of the victim.

Taking into account the mitigation factors, aggravating features and the numerous cases law on sentencing as referred by both counsels, I sentence the accused to 5 years imprisonment.

Order of the court

1. The Defendant is sentence to 5 years imprisonment.
2. The time spent in custody to be deducted from this sentence
3. Accused to serve the remainder of the sentence.
4. No further order

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge